KIRK C. NELSON VS. ELIZABETH BOARD OF EDUCATION (L-1377-17, UNION COUNTY AND STATEWIDE) (A-4580-18T3)
In this appeal, the court held that an in-house attorney employed under a multi-year contract, and who was subject to termination based only on cause as defined in the agreement, was not precluded by Rule of Professional Conduct 1.16 to pursue contractual damages if wrongfully discharged. In reaching this decision, the court followed similar holdings in Nordling v. Northern State Power Co., 478 N.W.2d 498 (Minn. 1991), and Karstetter v. King County Corrections Guild, 444 P.3d 1185, 1191 (Wash. 2019), and found factually distinguishable the decision in Cohen v. Radio-Electronics Officers Union, Dist. 3, 146 N.J. 140 (1996), which limited an attorney's award of damages for a breach of contract to quantum merit.
In addition, the court concluded the trial court's award of $260,026.88 in damages was supported by sufficient credible evidence and made in accordance with applicable law. The court, however, remanded for the trial court to apply prejudgment interest to the damages award.
